Below you’ll find answers to some of the most frequently asked questions about New Jersey Landlord Tenant laws. We are not intending to provide legal advice, instead, point you in the right direction!
Can a landlord enter property without permission in New Jersey?
For non-emergency situations, a landlord cannot enter a rental property without the tenant’s permission. Before a landlord enters to inspect a property or complete repairs, they must give the tenant reasonable notice.
Landlords can enter a rental property without a tenant’s permission for emergencies including fires and severe water leaks.
More reading: New Jersey Administrative Code § 5:10-5.1
How much notice does a landlord have to give a tenant to move out in NJ?
For New Jersey landlord tenant laws, the amount of notice a landlord must give a tenant depends on the lease term. For month-to-month leases, a landlord must provide one month’s notice. For yearly leases, a landlord must provide three months’ notice. For leases of other lengths, a landlord must provide one term’s notice.
If the landlord wishes to begin eviction proceedings against a tenant, the amount of required notice depends on the reason for eviction. If the tenant fails to pay rent, the landlord does not have to provide notice before filing an eviction lawsuit. For disorderly conduct, destruction of property, or violence, the landlord must provide the tenant with a three-day notice to quit. For all other lease violations, the landlord must provide the tenant with a 30-day notice to quit before filing an eviction lawsuit.
How long does a landlord have to fix something in New Jersey?
New Jersey has an implied “warranty of habitability,” from past court cases. While this warranty is not written into law, it requires that tenants have a right to safe and healthy housing, even if this is not stated in a rental agreement. With this warranty, landlords are required to fix any issues that impact the habitability of a rental unit.
New Jersey landlord-tenant law does not state a specific amount of time landlords have to fix issues with rental units. However, if landlords do not complete repairs in a reasonable amount of time, tenants may conduct repairs and deduct repair costs from their rent.
Is the landlord responsible for painting in NJ?
Landlords are not responsible for painting more than once every three years. This means that landlords do not have to paint between tenants unless a tenant stays more than three years.
Landlords are responsible for notifying tenants of lead paint in the rental unit. If lead paint is making a home hazardous, a landlord is responsible for removing the paint under the implied warranty of habitability.
What are landlords’ responsibilities with security deposits in New Jersey?
New Jersey landlords may collect a security deposit up to 1.5 times the monthly rent. If a landlord wishes to collect additional annual security deposits to coincide with rent increases, they must not be more than 10% of the current security deposit. Within 30 days of receiving the deposit, the landlord must provide the tenant with a receipt that states the name and address of where the deposit is held.
Under normal circumstances, a landlord must return a tenant’s security deposit within 30 days of the lease termination. In cases where a tenant ends a lease due to domestic violence, a landlord must return the deposit within 15 days. If a tenant must vacate due to flood, fire, evacuation, or condemnation, the landlord must return the deposit within 5 days.
Landlords may take out portions of the security deposit to cover unpaid rent and damages beyond normal wear and tear. The landlord must provide the tenant with a receipt that includes the repair costs for these damages.
More reading: New Jersey Administrative Code § 46:21-21.5
How much can a landlord raise rent in NJ?
In areas where there isn’t rent control, there isn’t a specific limit on how much a landlord can raise the rent. However, landlords cannot raise the rent in an amount that is considered “unconscionable.” Landlords also must follow the proper procedures before increasing rent.
If a tenant has a written lease agreement, the landlord must wait for the lease period to end before raising the rent. The landlord must provide the tenant with a written notice that states the end of the old lease and the terms of the new lease. Landlords must provide this notice at least 30 days before the current lease ends.
Landlords must provide 30 days’ notice to month-to-month tenants and those without a written lease. This written notice must state the end of the old lease and the terms of the new lease.
More reading: Fromet Properties, Inc. v Delores Buel, et al
Is there rent control in NJ?
The state of New Jersey does not have overarching rent control, but many cities and townships have rent-control ordinances. Some New Jersey cities that have rent control include Newark and Jersey City.
More reading: Tenants’ Rights in New Jersey
Is New Jersey landlord-friendly?
New Jersey is not landlord-friendly because laws favor tenants. Many cities have rent control policies, there are limits on rent increases, and the eviction process can be slow.
Read more of our state landlord tenant law guides here.
Note: This content is not intended to substitute, replace, or be construed as professional legal advice. It is for referential purposes only and not meant to replace the advice of your legal counsel, legal representation, and or lawyer. Please consult your professional legal representation or lawyer to be sure your lease is compliant with any state and/or federal laws.